Divorce FAQ

Much of the stress involved in the divorce process is the result of fear of the unknown. To relieve some of that stress, we offer answers to some of the most frequently asked questions about divorce:

How Long Does Divorce Take?

Texas requires a 60-day waiting period between the filing of the Original Petition for Divorce and the finalization of a divorce. Beyond that, the timeframe varies dramatically depending heavily on each party's willingness to reach agreements. A truly uncontested divorce may only take a matter of months, while a contested divorce could take a year or more. To read more about the timeline in divorce, read the following blog: Family Law Timelines.

How Is Property Divided?

As a community property state, Texas considers most assets acquired by either spouse during the marriage subject to property division. Property is to be divided in a manner that is just and right, but not necessarily equal. If the parties cannot agree on who gets the home and it is the biggest asset, it is likely it will be sold. Likewise if the divorcing couple has a larger estate, we can get creative and divide assets in the optimal way to keep specific assets intact. Learn more about division of property.

Who Will Get Custody Of The Children?

In Texas, child custody is called conservatorship, while visitation is referred to as possession and access. Regardless of terminology, the goal is to do what is in the best interest of the child. In most cases, that means arrangements that allow each parent continued involvement in raising the child. There is no "one-size-fits-all" for conservatorship. It depends on many factors from the judge and jurisdiction of the case, parents' work schedule and parental roles in the home prior to divorce. Learn more about child conservatorship.

How Do You Calculate Child Support And What Does It Cover?

Child support is calculated by the Texas Family Code. For one child, the parent obligated to pay 20 percent of net resources, for two kids, 25 percent, three kids 30 percent, four kids 35 percent and five kids is 40 percent. Net resources are defined as after-tax earnings monthly. Child support is a requirement for children until the later of 18 years or graduation of high school. Child support caps out at a net income of $8,550 per month. To read more about Texas guideline child support click on the following link: Show Me The Money.

Child support does not cover college, first cars or extracurriculars. In special instances, child support may deviate in amount or go beyond age 18 if there are special needs of a child or extenuating circumstances. For more information, read about What Child Support Does Not Cover.

Will My Divorce Go To Trial?

The truth is that trial is rare. A majority of our cases settle prior to hearing or trial or in mediation. However a good trial lawyer prepares the case thoroughly so that if we are called to hearing or trial, we have set our clients up for success. You want to be ready to fight for what is important to you in the event that reaching an agreement becomes impossible. In fact, sometimes simply leveraging the fact that you and your lawyer are ready and able to go to trial can prove beneficial in encouraging the other party to resolve the matter out of court.

Curious about other misconceptions about Divorce? Read our Top 10 Common Myths In Family Law.

How Much Does Divorce Cost?

There is no doubt that divorce can be expensive. Cost depends on factors such as how aggressive the opposing party is, how realistic client's goals are and the complexity of the issues in the case. Thus, a sound estimate is not possible without knowing the details of your case. The key is enlisting an attorney who will get to know your situation, help you sort through your priorities and make certain no dollars are wasted on unimportant issues. Experience comes into play here as well. You want an attorney who handles similar cases day in and day out to minimize the risk of missteps, an attorney familiar with your local courtroom and the players involved.

At The Law Office of Natalie Gregg in Allen, we have more than 10 years of experience handling divorce in the courtrooms of North Texas. We are happy to review your case and provide you more specific insight on the cost of your divorce or answer any other questions you may have. Call 972-360-9727 or send us an email.